“We cannot ignore such allegations when we consider the other undisputed events in this case,” the court wrote. “The undisputed ex parte contacts that occurred in this case undermined the integrity and reliability of the trial to such an extent that we are unable to say beyond a reasonable doubt that DeGroff was not prejudiced by them.”

1 Comment:

The judge had ex parte communication with two jurors. Forget the donut. One juror recognized a child in a video that was introduced into evidence. Another juror was involved in a domestic violence trial. These jurors notified the judge about their concerns. He addressed their issues but did not advise the attorneys of the matter. That's why the appeals court overturned DeGroff's conviction.